Florida Senate - 2021                                    SB 1548
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-01014-21                                           20211548__
    1                        A bill to be entitled                      
    2         An act relating to evictions during a declared state
    3         of emergency; creating s. 48.205, F.S.; prohibiting
    4         specified service of process during an emergency
    5         declaration period; providing immunity from liability
    6         for certain persons for failing to take certain
    7         actions during an emergency declaration period;
    8         defining the term “emergency declaration period”;
    9         creating s. 83.684, F.S.; tolling specified time
   10         periods for certain evictions under certain
   11         circumstances; requiring a court to stay eviction
   12         proceedings during an emergency declaration period;
   13         defining the term “emergency declaration period”;
   14         providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 48.205, Florida Statutes, is created to
   19  read:
   20         48.205 Service of process during a state of emergency.—A
   21  writ, a process, a warrant, an order, or a judgment relating to
   22  a residential eviction, as provided in part II of chapter 83,
   23  may not be served or executed during a state of emergency
   24  declared by the President of the United States or by the
   25  Governor or a governing body of a political subdivision of the
   26  state under chapter 252. This prohibition remains in effect for
   27  15 days after the expiration or termination of the state of
   28  emergency, or, if the state of emergency is extended by the
   29  applicable authority, for 15 days after the expiration or
   30  termination of the extension. A sheriff or other person
   31  authorized to make service of process under the Florida Rules of
   32  Civil Procedure is not liable for failing to serve or execute
   33  such writ, process, warrant, order, or judgment during the
   34  emergency declaration period. For purposes of this section, the
   35  term “emergency declaration period” includes the period of time
   36  stated in the declaration of the state of emergency, and any
   37  extensions thereof, and 15 days after the expiration of such
   38  period of time.
   39         Section 2. Section 83.684, Florida Statutes, is created to
   40  read:
   41         83.684 Actions for rent or possession during a state of
   42  emergency.—A declaration of a state of emergency issued by the
   43  President of the United States or by the Governor or a governing
   44  body of a political subdivision of the state under chapter 252
   45  tolls any statutory time periods relating to the eviction of a
   46  residential tenant under this part during the emergency
   47  declaration period. The court shall, on its own motion, stay any
   48  eviction proceeding under this part during the emergency
   49  declaration period. For purposes of this section, the term
   50  “emergency declaration period” includes the period of time
   51  stated in the declaration of the state of emergency, and any
   52  extensions thereof, and 15 days after the expiration of such
   53  period of time.
   54         Section 3. This act shall take effect July 1, 2021.